Where a parent wishes to take a child abroad permanently, unless the written consent of every person with parental responsibility for the child is obtained, an application for leave (permission) must be made to the Court. If the parent simply takes a child under the age of 16 abroad without the required consents, the parent may be committing a criminal offence.
It is, therefore, important that legal advice is obtained in the early stages of planning to relocate abroad, so that there is plenty of time to negotiate, engage in mediation or indeed issue proceedings if necessary.
If an application to relocate abroad is made, the Court, in deciding whether to grant permission, will consider the welfare of the child to be its paramount consideration.